A Legal Study On Communication-Based Corrections In The Process Of Executing Penalties

In 50s and 60s of 20th century, world population increased sharply, which resulted in the increase of prisoners. The prisons were overcrowded with prisoners, the violence in the prisons became more and more serious and the cost of executing penalties in prisons increased sharply. All these made people have a serious thought on custodial penalty. It was under this circumstance that the community-based correction appeared. The concept of community-based correction, which means to reform criminals in communities instead of prisons, is a brand-new way of executing penalties. Under this model, the criminals are reformed by special government departments, together with social groups and volunteers. It is easy for the criminals to achieve rehabilitation for the reason of no isolation from societies. It is proved by practices that community-based correction have won well social impact on preventing crimes, reducing the cost of executing penalties and enhancing the reform effect.Custodial penalty plays an important role in the penalty system of China and people in our country are relatively unfamiliar with the concept of community-based correction. As an effective model of executing penalty which has been proven by practices, communication-based correction should play a more important role in our country's system of executing penalty. Meanwhile, the reform effects of the criminals are always associated with the system of executing penalty. The period of executing penalty is absolutely important in the process of reforming criminals. Therefore, it is of practical significance to study the community-based correction.This thesis is divided into three parts.Partâ… : The outline of community-based correction. Definition, origin and the development of community-based correction are given at the beginning of this part. Then, the penalty-based theory of community-based corrections is discussed. At last, the characteristics and merits of community-based correction are analyzed in the end of this part.Partâ…¡: The introduction to the development of community-based correction in China and the analyses of its restraining factors. In this part, the necessity and feasibility of introducing community-based corrections into China is discussed at the beginning. Then, the development of community-based corrections in China, especially in Shanghai, is outlined. In the third section are analyzes the restraining factors of community-based correction in China. At last, the reasons to these factors are given in the fourth section.Partâ…¢: The improvement measures to the legislation and practice of community-based correction. This part is divided into two sections. In the first section are the improvement measures to the legislation of community-based correction. The improvement measures to all the five types of community-based correction are discussed. In the second section are the improvement measures to the practice of community-based correction. The new supervisory department is assumed and its feasibility is analyzed in this section.